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373
Joined
5 mo. ago

  • I'm not a defender of the concept of Qualified Immunity, my point is that it's not an absolute shield. Even if it successfully shielded them from 100% of civil rights cases (which it objectively has not) it provides no protection from criminal charges.

    I won't argue against the idea that it covers them far more than can be rationally defended, I'm just saying it's not an absolute shield, and (in my opinion) there is every reason to imagine that the specific group we are discussing here will routinely violate the rights of the people they detain in such an egregious fashion as to satisfy even that narrow range of criteria in a higher than you might expect number of civil cases once this is all said and done.

  • Qualified immunity specifically does not apply in cases where someone's clearly established civil rights were violated, though the criteria for that is specific. Further, it applies only to civil cases, not criminal cases. It may certainly help them in some instances, but it's not going to be a blanket shield.

    1 Was a constitutional right violated?

    2 Was the right clearly established at the time of the alleged violation?

    https://www.justia.com/civil-rights/government-violations-of-civil-rights/qualified-immunity/

    Under this doctrine, government agents—including but not limited to police officers—can never be sued for violating someone’s civil rights, unless they violated “clearly established law.” While this is an amorphous, malleable standard, it generally requires civil rights plaintiffs to show not just a clear legal rule, but a prior case with functionally identical facts.

    In other words, it is entirely possible—and quite common—for courts to hold that government agents did violate someone’s rights, but that the victim has no legal remedy, simply because that precise sort of misconduct had not occurred in past cases.

    https://www.americanbar.org/groups/public_education/publications/insights-on-law-and-society/volume-21/issue-1/qualified-immunity/

    While yes, IANAL, I'm exceptionally doubtful that clearly established constitutional rights aren't being violated by the behaviors of ICE under Trump, in many, many circumstances.

  • Just so we're clear, this isn't Truth Social or X. Folks only engage with the bigots and racists here for fun. When it's done being fun you just get blocked. If that's an entertaining way for you to conduct yourself online, go right ahead.

  • Are you kidding me? Think of every maga you've seen with aggressive, hateful, pro-Trump anti-biden anti-immigration signs and such in their yards and on the back of their cars.

    Every one of them with any kind of prior training and probably thousands upon thousands more without would punch their mother in the face for the chance to be given a badge and paycheck to get rid of brown people.

    They are probably turning down 10x more people than they could even consider hiring.

    The US is full of bigots and white supremacists, and it's more visible now than at any time in my nearly six decades of life.

  • Every time I use my ereader I just luxuriate in the eink screen, warts and all. The very moment I can get an extenal eink display for my computer that is both of reasonable resolution and also not exorbitantly expensive, I'm doing it. I wouldn't want it as a primary monitor but I'd love love love it as a secondary.

    I definitely want an eink phone, but I doubt I'll have the bucks to be an early adopter, which is fine.

  • Everytime I see this I think "Gen-X would like a word."

    I mean, yes millenials, but we were alive for all that plus more, most notably a childhood filled with "the russians might nuke us tomorrow."

    And frankly the boomers get to throw in JFK assassination, etc along with all the Genx stuff.

    We're just an unfortunately stupid and murderous race, and plus also the universe is very happy to snuff us out if we let it. Not a good combo for a stable boring life.

  • Why would they stop it?

    It's very, very clear from the entirety of actions by the Trump admin that they just need enough of their herd healthy enough to ensure production for the oligarchs, and those healthy ones must be educated just enough to be trainable in their new factory jobs. The sick, autistic, old, mentally unwell, are all just drains on profits as far as they are concerned.

    I guarantee it all feeds upwards to a "master race" (with different words) approach, where the "weak" will be killed off and they'll be left with an ignorant, healthy, reduced population who can produce for the oligarchs and go get killed in war.

    It's all they want.

  • True, they could push a lot harder to the left. But let’s be realistic, if they did they would lose at the polls because the US is like 75% center or right.

    Pandering to the center right is NOT effective. They need to have the courage to stop being afraid of alienating the people who aren't going to vote for them anyway and make some actual change happen.

    Republican-lite isn't selling these days.